The attorney said he had been given possession of the couple's hand gun. It was used as an exhibit in court following the incident and that it was not dischargeable.
Watkins said Patricia McCloskey knew the gun was not operable when she pointed it, with her finger on the trigger, at protesters.
"Its the intimidation factor that she could use in the act of self-defense," Watkins said.
The day after the search warrant was executed, Watkins said he gave the gun to authorities after collaborating with the couple and their defense counsel.
"I do know that steps were taken to render it safe and acceptable to use as an exhibit in state and federal court," said Watkins.